Legal Question in Criminal Law in Pakistan

AOA,

Dear Experts,

I want to inquire regarding private complaint (Istaghasa). I have filed istaghasa against 3 accused and 2 unknown persons with the allegations of theft and threatening. The judicial megistrate after my statement and statements of witnesses on oath, summoned the accused to appear before court. He ordered the accued to appear to court on 27 November 2013 but accused (being very clever) took certified copy of that order and got a stay order (against the magestrate order) from session court. Now stay is in being process session court and accused party lawyer just comes and mark his attendance. My lawyer has finished his arguments but their lawyer is not coming for arguments because they want to unnecassrily delay the matter by extending the dates. What can I do in this situation. I heard that stay is not gratned in criminal cases (FIR & Istaghasa too). is it true? if yes, can you please provide me any reference case to presentr before court. Further, Can I go to high court for cancellation of stay obtained from session court? will this remedy work?


Asked on 1/25/14, 4:39 am

1 Answer from Attorneys
Gulbaz Mushtaq

Normally, stay order is not granted in criminal proceedings but in 'legally harassment case', the courts may grant stay to prevent the abuse of process of law.

For further details, consult your lawyer.

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Answered on 1/25/14, 11:08 am


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